Malaysia Case Law: Decisions & Judgments

Topic

Termination of employment

Legal area

Court

20 Mar 2025

RUDDY HASMAWIE BIN MOHAMAD PERTUBUHAN PELADANG KEBANGSAAN

Citation

BA-25-25-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-25-03/2024 (Mahkamah Tinggi)

Extension of time refused because applicant failed to provide a satisfactory and substantiated explanation for the 19‑month delay; ignorance of the law and an unsubstantiated claim of needing time to appoint counsel do not constitute good reasons; consequence is that the judicial review application is out of time and is dismissed for want of leave.
23 Apr 2024

MOHD ILAHI BIN MANAH 1. ) PENGERUSI JAWATANKUASA PERKHIDMATAN, RAYUAN KENAIKAN PANGKAT DAN RAYUAN TATATERTIB MAJLIS DAERAH BACHOK BANDAR PELANCONGAN ISLAM 2. ) SETIAUSAHA MAJLIS DAERAH BACHOK BANDAR PELANCONGAN ISLAM 3. ) YANG DIPERTUA, MAJ

Citation

DA-25-7-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-25-7-03/2023 (Mahkamah Tinggi)

Applicant was a contractual employee of the local council and not a public servant under Art 132; the 01.12.2022 notice was a termination of contract effected pursuant to the express terms of the offer letter (30 days or pay in lieu); public service disciplinary regulations did not apply and no procedural‑fairness breach invalidated the contractual termination; judicial review was not the appropriate mode to challenge a private law termination.
2 Feb 2024

MONOLUXURY SDN BHD WILLEM POMP

Citation

CB-12BNCvC-2-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-12BNCvC-2-10/2022 (Mahkamah Tinggi)

High Court implied in the employment contract a term requiring the employee to provide notice before prematurely terminating employment where no express employee notice term exists; respondent's abrupt departure without compliance with contractual/implicit notice obligations constituted repudiatory breach and appellant was entitled to damages of RM105,000; other findings of the Sessions Court unrelated to this issue were upheld.
14 Oct 2022

SUHAILIN BINTI NOR ASIM 1. ) JAWATANKUASA PERJAWATAN, PENGAMBILAN, PELANTIKAN DAN KENAIKAN PANGKAT (JKPPPKP), PERBADANAN TABUNG PEMBANGUNAN KEMAHIRAN (PTPK) 2. ) PERBADANAN TABUNG PEMBANGUNAN KEMAHIRAN (PTPK)

Citation

WA-25-2-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-2-01/2022 (Mahkamah Tinggi)

The court held that the Letter of Offer's requirement to 'pass the prescribed service examination' encompassed the Parts III and IV audit/accounting papers; there was no evidence the applicant sat or was exempted from those papers; the applicant was given notice and opportunity to respond and did not request oral hearing; respondents properly exercised discretion and committed no reviewable error, so termination was lawful.
26 Apr 2022

MUHAMMAD KHUSAIRI HAZRIE BIN MOHD NAZRI 1. ) PENGARAH PENJARA PENOR 2. ) LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 2) PENJARA NEGERI PAHANG 3. ) Suruhanjaya Perkhidmatan Awam Malaysia

Citation

CA-25-8-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CA-25-8-12/2021 (Mahkamah Tinggi)

The High Court held the termination was lawful because the respondents complied with the statutory procedures under the 2012 Regulations, confirmation is not automatic upon passing examinations and the Head of Department legitimately declined to recommend confirmation based on performance and disciplinary record; there was no procedural unfairness requiring quashing of the decision.
22 Mar 2022

L & R TRADING & TRANSPORT SDN BHD SIRAJUDDIN BIN ABDUL LATIF

Citation

BA-16-15-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-15-03/2021 (Mahkamah Tinggi)

The High Court held the employer failed to terminate pursuant to the contractual provisions permitting summary dismissal because the termination letter did not invoke clause 8(2)(b) or clause 22; therefore the 90-day notice under the contract was required and not given. The failure to hold a domestic inquiry deprived the employee of natural justice. There was no basis to draw an adverse inference under s.114(g). Consequently the Labour Court award (salary in lieu of 90 days and related orders) was affirmed.
14 Dec 2021

DWL TRADING SDN BHD (COMPANY NO.: 1127780-H) TAY CHIAU XUAN

Citation

JB-16-6-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-16-6-09/2020 (Mahkamah Tinggi)

The High Court held the appellant failed to comply with statutory requirement of due inquiry under s.14 Employment Act 1955; the respondent did not tender an unequivocal resignation; the termination was by the employer and therefore the respondent was entitled to pay in lieu of notice and termination benefits calculated at RM14,832.09; the Director‑General of Labour's orders were affirmed and the appeal was dismissed.
22 Nov 2021

SATUMARIN SDN BHD MOHD HIDAYAT BIN MOHD MOKHTAR

Citation

WA-22NCVC-316-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-316-05/2019 (Mahkamah Tinggi)

Defendant knowingly used a forged BOSIET certificate; Plaintiff proved loss of reputation warranting general damages assessed at RM300,000 and proved reimbursement of course expense RM1,800; claims for return of salary, future contract losses, quantified reputational special damages and aggravated damages were dismissed for lack of contractual breach or insufficient proof; interest at 5% and costs RM30,000 awarded to Plaintiff.
3 Sept 2020

Mohd Khairi Bin Hussin ( ) Kolej Universiti Islam Antarabangsa Selangor ( )

Citation

BA-12BNCVC-84-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCVC-84-11/2019 (Mahkamah Tinggi)

The Respondent established a prima facie case by affidavit and exhibits; the Appellant failed to raise a triable issue or rebut the evidence; the Appellant's unfair dismissal defence was a matter for the Industrial Court (already dismissed) and therefore irrelevant to this claim; summary judgment under Order 14 was appropriate and the appeal is dismissed with costs.